Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 138) sur l'âge minimum, 1973 - Indonésie (Ratification: 1999)

Autre commentaire sur C138

Observation

Demande directe

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Article 7 of the Convention. Light work. The Committee previously noted that section 69(1) of the Manpower Act allows the employment of children between 13 and 15 years of age for light work as long as the job does not stunt or disrupt their physical, mental and social development. Section 69(2) of the Manpower Act further provides that entrepreneurs who employ children in light work may not require them to work longer than three hours a day, may only engage children during the day without disturbing their schooling and must meet their occupational safety and health requirements. However, the Committee also noted the information in the Indonesia Child Labour Survey (2009) that approximately 52 per cent of working children aged 13–14 years were engaged in work that did not constitute light work, amounting to approximately 321,200 children of light-work age performing non-light work activities. The Committee noted the measures taken by the Government to ensure that children aged 13–14 are only engaged in light work activities such as the coaching of enterprises by labour inspectors in order to enforce section 69(2) of the Manpower Act.

The Committee notes the Government’s indication that it has provided continuous guidance to employers and the community regarding child protection, including child labour. The Committee however notes the absence of information regarding measures taken to ensure the effective implementation of section 69(2). The Committee therefore requests the Government to provide information on measures taken to enforce section 69(2) of the Manpower Act, including information on any violations detected and penalties imposed related to the employment of children aged 13 and 14 in non-light work activities.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that there appeared to be no provisions in the Manpower Act prescribing that a register be kept and made available by the employer. However, the Government indicated that the labour inspectorate ensures that employers keep registers of children employed for developing their talents and interests. In this regard, the Committee noted that, pursuant to section 6 of Decision No. Kep 115/Men/VII/2004, an entrepreneur who employs children for developing their talents and interests must submit the prescribed report form. However, the Committee observed that Decision No. Kep-115/Men/VII/2004 appeared to regulate solely the participation of children in artistic activities, such as art shows and television broadcasts, and did not apply to all working children. The Committee took note of the copy of the prescribed report form determining the protection of children performing work for developing their talents and interests. It requested the Government to provide information on the scope of application of this Decision.

The Committee notes the Government’s statement that Decision No. Kep 115/Men/VII/2004 is only applicable to employers hiring children for the purposes of artistic performances and similar activities. The Committee recalls that Article 9(3) of the Convention requires the Government to prescribe that registers or other documents shall be kept and made available by the employer for the persons whom he/she employs or who work for him/her and who are less than 18 years of age. This obligation is applicable to working children in all activities and sectors. The Committee therefore requests the Government to take the necessary measures, by amendment of the law or regulation, to prescribe the obligation of employers to keep registers of children employed in all economic activities and not only of those employed for the purposes of artistic performances and similar activities.